Two Kwale County officials summoned for disobeying court order on affordable housing projects
The judge warned that should they fail to comply with the summons, an arrest warrant would be issued against them.
A judge has summoned two senior officials of the Kwale County Government for disobeying a court order halting the construction of affordable housing units in Diani.
Environment and Land Court Judge Lucas Naikuni directed the Kwale County Attorney and the County Executive Committee Member for Lands (CEC) to appear personally before him on July 17 to explain why they should not be jailed for contempt of court.
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The judge warned that should they fail to comply with the summons, an arrest warrant would be issued against them.
On January 3, 2025, the court issued a temporary order restraining the county government from interfering with, trespassing on, or undertaking any activities on the disputed properties.
Lawyer Elkana Mogaka told the court that the County Government was duly served with the orders on February 3, 2025, but has persistently ignored and violated them by continuing with construction works, including erecting a gate and fence on the properties.
He argued that the county’s conduct amounts to wilful contempt, undermining the authority of the judiciary and infringing on the company’s proprietary rights.
Building Fire Consultants Company Limited, represented by Mogaka, moved to court accusing the county officials of continuing construction on the Diani/Kwale affordable housing projects despite the court order stopping the works.
Mogaka said the company is the registered proprietor of the properties known as Kwale/Diani Complex/721, Kwale/Diani Complex/784, Kwale/Diani Complex/785, and Kwale/Diani Complex/786.
“Unless this court intervenes urgently, the respondent’s unlawful actions will continue unabated, rendering the court orders ineffectual,” the company submitted.
He further told the court that the county was fully aware of the orders, having been notified, yet chose to act in breach, thereby undermining the rule of law.
Mogaka urged the court to hold the County Attorney and the CEC for Lands personally accountable and to commit them to civil jail for their blatant disregard of the court’s authority.
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